BILL ANALYSIS Ó
AB 1069
Page 1
ASSEMBLY THIRD READING
AB
1069 (Gordon)
As Amended May 6, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
| | | | |
| | | | |
|----------------+------+--------------------+--------------------|
|Health |17-0 |Bonta, Maienschein, | |
| | |Bonilla, Burke, | |
| | |Chávez, Chiu, | |
| | |Gomez, Gonzalez, | |
| | |Lackey, Patterson, | |
| | |Ridley-Thomas, | |
| | |Rodriguez, | |
| | |Santiago, | |
| | |Steinorth, | |
| | |Thurmond, Waldron, | |
| | |Wood | |
| | | | |
| | | | |
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SUMMARY: Modifies the handling and repackaging requirements for
donated pharmaceuticals at voluntary, county-operated prescription
drug collection and distribution programs.
AB 1069
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EXISTING LAW:
1)Establishes a voluntary, county-operated prescription drug
collection and distribution program (Program) to distribute
surplus medications to persons in need of financial assistance
to ensure access to necessary pharmaceutical therapies.
2)Establishes the California Board of Pharmacy (BOP) to regulate
the practice of pharmacy and enforce the pharmacy law.
Authorizes the BOP to adopt rules and regulations pertaining to
establishments wherein any drug or device is compounded,
prepared, furnished, or dispensed.
FISCAL EFFECT: None
COMMENTS: The author states that this bill is necessary to
improve current and future Programs by making two necessary
operational changes which will allow for the packaging of
medications in advance and allow for transfers to non-adjacent
counties. When the Program was initially enacted, it was one of
the first in the country and had few examples to draw from. The
Program has been operational for almost five years and has
provided enough medications to fill over 30,000 prescriptions.
According to the author, it has become evident that improvements
are needed to help streamline the program's operations, encourage
additional counties to participate, and help more low-income
Californians get the medicine that they need to stay healthy.
Background. The Program was created by SB 798 (Simitian), Chapter
444, Statutes of 2005, and SB 1329 (Simitian), Chapter 709,
Statutes of 2012, which authorize counties to establish a system
to facilitate the collection and distribution of surplus unused
medications to medically indigent persons. To date, two counties
in California (Santa Clara and San Mateo) have established a
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Program through local ordinance, although Santa Clara is the only
county currently operating a Program.
Supporting Initiatives to Redistribute Unused Medicine (SIRUM),
the sponsor of this bill, is a tax-exempt nonprofit organization
that connects safety-net clinics with unexpired, unopened donated
drugs from suppliers, pharmacies, and health facilities. SIRUM
works with Santa Clara County through their Program. SIRUM has
reported that over 150 participating health facilities currently
donate eligible medication. An October 2013 California Healthline
report stated that, to date, SIRUM had administered the
redistribution of 444,380 units of medicine worth about $1.5
million wholesale.
Similar Programs in Other States. According to the National
Conference of State Legislatures, as of January 2015, at least 38
states and Guam have enacted laws and programs which are similar
to the Program a county may establish under current California
law. While many other state programs exist at the state level or
as part of a statewide effort, California is unique in that a
Program is established at the county level.
Support. SIRUM, sponsor of this bill, states that this bill will
increase access to necessary, and in many cases life-sustaining,
prescription drugs to medically indigent Californians while at the
same time reducing the environmental impact of pharmaceutical
waste. SIRUM states that with shrinking budgets for the
healthcare safety net and rising healthcare costs for all
Californians, enacting this bill would allow California to
maximize quality patient care by reducing the financial burden of
pharmaceutical acquisitions and promote environmentally
sustainable healthcare practices. The Santa Clara County Board of
Supervisors states that improving this program would encourage
more counties to consider implementation of a drug collection and
distribution program.
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Opposition. The BOP opposes this bill because it would create
conflicts between state and federal law. Regulation of drug
distribution is complex, with a myriad of state and federal laws
designed to ensure the safety and efficacy of prescription drugs.
BOP states that they understand the author's intent to address the
needs of indigent patients to secure access to medications;
however, this bill in its current form eliminates existing patient
protections established in state and federal law and, if
improperly done, could harm patients.
Analysis Prepared by:
Dharia McGrew / HEALTH / (916) 319-2097 FN:
0000357